TaxTMI 
TaxTMI 
2018 (1) TMI 1717
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....v. JUDGMENT 1. Heard Mr. Harish Salve, learned Senior Counsel and Mr. Mukul Rohatgi, learned Senior Counsel for the Petitioners. Issue notice. 2. As Mr. Tushar Mehta, learned Additional Solicitor General for the States of Gujarat and Rajasthan and Mr. Anil Grover, learned Counsel for the State of Haryana have entered appearance on caveat, no further notice need be issued to them. 3. Issue notice to other Respondents fixing a returnable date within four weeks. 4. The present writ petition fundamentally assails the notification/order, issued by the two States, viz., State of Gujarat and State of Rajasthan, on 13.01.2018 and 17.01.2018 respectively prohibiting the exhibition of the film, namely, 'Padmavat'. 5. Be it noted, though the notification issued by the Government of Gujarat has been brought on record, we have been handed over a copy of the order issued by the Government of Rajasthan. Mr. Anil Grover, learned Counsel appearing for State of Haryana has stated, the State has, on principle, taken a decision not to exhibit the film in cinema halls though the said decision has not yet culminated in a formal order. 6. It has been submitted by Mr. Harish S....
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....uring Cinema etc., within the jurisdiction of the State of Gujarat. By order and in the name of the Governor of Gujarat. Sd/- (K.L. Patel) Joint Secretary to Government. 9. The State of Rajasthan has issued an order which is to the following effect: "GOVERNMENT OF RAJASTHAN HOME (GR. 6) DEPARTMENT F. 14(3) Home-6/2013 Part Dated: 17th January, 2018 ORDER WHEREAS the Government of Rajasthan considers it necessary so to do in public interest and to maintain the law and order situation in the State of Rajasthan. Now, therefore, in exercise of the powers conferred by Sub-section (1) of Section 7 of the Rajasthan Cinemas (Regulation) Act, 1952 (Act No. XXX of 1952) (hereinafter referred to as 'the Act'), the Government of Rajasthan hereby imposes ban on the exhibition of Hindi feature film 'Padmavat' (earlier named 'Padmavati') produced by Viacom 18 Motion Pictures and Bhansali Productions Pvt. Ltd., within the jurisdiction of the State of Rajasthan. (1) This ban on exhibition of the film shall come into effect from the date of publication of this order. (2) No c....
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....in doing so if it is found likely to cause breach of peace then in that event such a power could be exercised by the State Government. Such an extraordinary power cannot be exercised with regard to a film which is yet to be exhibited openly and publicly in a particular State. This view that we have taken is also fortified from the use of the word "suspension" in the said section. 19. The word "suspension" envisages something functional or something which is being shown or is running. Suspension is always a temporary phase, which gets obliterated as and when the previous position is restored. Therefore, the power as vested Under Section 6 of the Act could not have been exercised by the State of Uttar Pradesh in view of the fact that the said film was not being exhibited publicly in the theatre halls in U.P. Consequently, at this stage, when the film is not screened or exhibited in the theatre halls publicly and for public viewing, neither an opinion could be formed nor could any decision be taken that there is a likelihood of breach of peace by exercising power purported to be Under Section 6 of the Act. 20. The counsel appearing for the State has also submitted th....
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....sel would contend that the freedom of speech and expression and the creative potentiality through any medium including the medium of celluloid cannot be curtailed in this manner. 13. Mr. Tushar Mehta, learned Additional Solicitor General would submit that the grant of Certificate by the CBFC cannot denude the State of the power to prohibit the exhibition of a film. He has drawn our attention to Section 5B of the Act which is as follows: 5B. Principles for guidance in certifying films.-(1) A film shall not be certified for public exhibition if, in the opinion of the authority competent to grant the certificate, the film or any part of it is against the interests of the sovereignty and integrity of India the security of the State, friendly relations with foreign States, public order, decency or morality, or involves defamation or contempt of court or is likely to incite the commission of any offence. (2) Subject to the provisions contained in Sub-section (1), the Central Government may issue such directions as it may think fit setting out the principles which shall guide the authority competent to grant certificates under this Act in sanctioning films for public ....
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....he duty and obligation of the State to maintain law and order in the State. We may also note here with profit that the guidelines are to be kept in mind by CBFC. For the sake of completeness, we reproduce the relevant part of the guidelines: 2. In pursuance of the above objectives, the Board of Film Certification shall ensure that- ... .... ... (vii) human sensibilities are not offended by vulgarity, obscenity or depravity;... ... ... ... (ix) scenes degrading or denigrating women in any manner are not presented; ... ..... ... (xii) visuals or words contemptuous of racial, religious or other groups are not presented; (xiii) visuals or words which promote communal, obscurantist, anti-scientific and anti-national attitudes are not presented; ... ..... ... (xvii) public order is not endangered; It has to be borne in mind, expression of an idea by any one through the medium of cinema which is a public medium has its own status under the Constitution and the Statute. There is a Censor Board under the Act which allows grant of certificate for screening of the movies. As we scan the language of th....